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United States v. Barnes, 617 F. Supp. 2d 143 (D.D.C. 2015)

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The Associated Press @AP
Winter Soldier set to stand trial for Washington D.C. massacre and treason apne.ws/1og6SWE

The New York Times @nytimes
Winter Soldier Trial Set for Early Next Week nyti.ms/1qSrmx7

 

·

 

Winter Soldier Trial strategies, complications

By Ashley Lin

The trial of the Winter Soldier is less than a week away, and rumors are that defense lawyer Michael Jones plans on submitting a not guilty plea. We talk with Harvard Law School professor Scott Brewer on his thoughts about the case.

Q: Let’s get straight to the big question: Do you think it’s possible that the Winter Soldier could be found not guilty?

Brewer: Well, this is an interesting case. From what I understand, the defense’s arguments are going to rest on lack of voluntariness. It’s actually an approach similar to an insanity plea — they acknowledge that he committed the killings, but they’re saying his actions lack the awareness and intent to make it a crime.

Q: Is there any kind of precedent that could guide the jury?

Brewer: Sure, sure. If, as we’ve been told, the Winter Soldier was unaware of his own actions, then I think the closest analogue we have are sleepwalking murders. There are several cases in the literature of

sleepwalkers killing someone in their sleep, and being acquitted of the murder afterwards. The fact that the Winter Soldier voluntarily gave himself up for trial should help him in this situation; it’s a demonstration of his altered state of mind.

Q: But the killings — there were some very complex actions carried out by the Winter Soldier. Surely that required some awareness of himself?

Brewer: And if that’s what the jury believes, the defense is going to have some problems. The other line of argument I could see would be some form of Stockholm Syndrome. The Patty Hearst case comes immediately to mind. Though she was initially convicted, she was later pardoned — it’s really going to depend on how much control the Winter Soldier had over his situation. Were his movements relatively unrestricted? Did he ever try to escape? All of these factors are going to paint a picture in the jury’s mind, that will determine whether they find him personally culpable.

READ MORE AT NEWSWEEK.COM

 

·

 

Ladies and gentlemen of the jury,

We are standing at a historic moment in time. Right now, right here, we have the chance to lay to rest the ghost of not one, not two, but more than sixty different victims of murder. Some of these men and women have been waiting for more than half a century for justice to be brought to them. And now, thanks to the recently released SHIELD files, we are in the unique position to do so.

The man sitting in front of you may not look dangerous, but do not be fooled. He is one of the most lethal assassins of our time. We have records, documents speaking of the Winter Soldier strangling Ronald Sinclair to death with his bare hands — of executing Barbara Williams and her ten-year old son as she pleaded with him kneeling on the floor of her bedroom. There will be more such stories throughout this trial. In the Winter Soldier, we have a man who betrayed his friends, his country — and his humanity.

It is up to you now to bring this man to justice. Do not forget about Ted Jackson, whose crime was nothing more than loving his country. Do not let down Nancy Roberts, who grew up without a mother and father thanks to this man. Listen to their stories, and do what you know in your heart is right: let the Winter Soldier be punished for all that he has done.

 

·

 

boy from brooklyn @rogerthat
@carterings Are you in?

too good for you @carterings
@rogerthat yeah i made it!!!

too good for you @carterings
@rogerthat damn, icu. nice seat

commando #8 @ahowling
@rogerthat @carterings ws looks kind of sad w/o his arm, doesn’t he

shot first @flyingsolo
In the courthouse for #WSTrial, it’s starting.

 

·

 

United States v. Barnes begins today

by Oscar Feldman

RICHMOND — It’s a perfect June day, but the crowd around me is waiting impatiently to get inside the courthouse located here in Virginia. Many of them will not make it inside for the trial of the Winter Soldier, the perpetrator of the massacre at Southeast Freeway and the Triskelion nearly two months ago that saw 32 people dead and hundreds more injured.

Steve Rogers, also known as Captain America, has been confirmed to be one of three heroes who fought against the Winter Soldier that day, saving dozens of lives; thus, it’s come as a surprise to some that he’s emerged as one of the staunchest supporters of the Soldier, even fiercely fighting the decision for him to stand trial.

“He’s suffered enough; he doesn’t need to go through this,” Mr. Rogers has said on record, prompting many to ask: what does he know about the Winter Soldier?

That question was answered earlier this week, when in a rare interview, Mr. Rogers confirmed a rumor that had spread through World War II enthusiast communities: the Winter Soldier is none other than his childhood friend, James Barnes. He also admitted that Mr. Barnes had been staying in Mr. Rogers’s Brooklyn apartment, though he himself had been living in D.C., and that Mr. Barnes had needed the time to “come back to himself.”

When he emerges from the back of a taxi, it’s immediately obvious that Mr. Barnes isn’t well. Though witnesses at Southeast Freeway have described the Winter Soldier as brutally fit, Mr. Barnes looks to have lost a substantial amount of weight. Of course, some of that is literal: one of the conditions for Mr. Barnes’s bail was the removal of his left arm, after the court decided the limb was more weapon than prosthetic. Without it, there’s a slight list to Mr. Barnes’s walk.

Inside the courthouse, there’s immediately a commotion. Mr. Rogers had arrived by himself earlier, looking rather pale and unhappy — it appears that he’s disputing the confiscation of Mr. Barnes’s arm. “It’s his body, it’s a part of him!” he insists loudly, and only quiets after multiple warnings by Judge Suzanne Krill.

Opening statements by lead prosecutor Brian Coyle predictably mention the many violent murders attributed to Mr. Barnes, who merely sits quietly with his head bowed. In contrast, Mr. Rogers is visibly upset, shaking his head and mouthing “no” several times during Mr. Coyle’s more colorful statements.

At the time of writing, the first witness is about to be called to the stand.

READ MORE AT NYTIMES.COM

 

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COYLE: Ms. Finebaum, was your grandfather Mr. Arthur Galloway?

FINEBAUM: Yes, that's correct.

COYLE: Is this your grandfather?

[Exhibit #17.]

FINEBAUM: Yes, that's him.

COYLE: Now, Ms. Finebaum, can you describe the events of the night between the 9th and the 10th of July, 1982?

FINEBAUM: My parents were in Chicago for the week — they were travel agents, they're retired now — so they left me in my grandfather's care, in his house in Ohio. My grandfather was widowed, so we spent all our time fishing in the river down in the hill. It was just the start of summer — like a vacation. I slept right at the top of the house, in a little garret, and it was kinda scary sometimes at night, so I'd come down to ask my grandfather for a glass of milk and a story. That night when I came down the stairs he wasn't — he wasn't in the living-room, so I went up to his door to see if he was awake. [shaky breath] Well, he wasn't. He was — lying back — sideways on his bed, and there was blood all over the blankets. On the floor. It was. Dripping.

[pause]

COYLE: There was someone else in the room, wasn't there?

FINEBAUM: There was a man standing at the foot of the bed. He was dressed all in black, with a, with a mask over the lower half of his face. Long hair. I couldn't see his face. I was so scared, I was trying to hide behind the door. He wasn't moving, he was just ... staring down at my grandfather's body, like he was trying to puzzle it out. There was a knife in his hand, blood all over it. His — I remember one of his arms was silver. Gleaming. I couldn't understand it, at the time. It was so eerie — the room all golden and warm and just like it always was, and there in the middle there was this, this black figure standing still, stinking of blood. It was like a nightmare. I thought he was one of the monsters I was so scared about at night.

COYLE: Did he see you?

FINEBAUM: I hid. I hid behind the door for hours. I don't know how long I stayed there. When the sun came up, I could see it through the living-room window, so I peeked back into the bedroom. The man was gone, but my — my grandfather was still on the bed.

COYLE: Was there an investigation following your grandfather's murder?

FINEBAUM: Yes. My parents returned in a state, and the police came — I told them about the man I'd seen, but everything about him was so strange, so impossible, no one believed me. They thought it was a hallucination, that I had been so shocked by what I'd seen that I'd invented a fairytale to make sense of it. I saw psychiatrists, doctors, all the way through my teens. Eventually I ended up believing it.

COYLE: How old were you at the time?

FINEBAUM: Seven.

COYLE: What was the police's final ruling regarding your grandfather's death?

FINEBAUM: My grandfather worked for the Department of Defense for a bit in the seventies. Apparently he'd made some pretty shady deals, things that people would have wanted him to shut up about. I didn't know about it at the time, I was just a kid — but my parents told the police, and the investigation petered out after a while.

COYLE: Very good. Let's fast-forward to April this year. What happened on the 17th?

FINEBAUM: I was in the office, I work as a consultant to help companies with time management. My ex-husband called me and said, Turn on the TV! He was the only one apart from my parents and the police that I'd told about the man in the mask. He said, Naomie, turn on the TV right now, the man you told me about is fighting Captain America in D.C. And when I tuned in to CNN, there he was. He was exactly the same, even after twenty years.

COYLE: What did you think?

FINEBAUM: I didn't know what to think. I called my parents, I called Richard, I asked them if I should call the police, if it would do any good. And then two days later —

COYLE: Yes?

FINEBAUM: Rich called me again, said that SHIELD had dumped files all over the Web — that there were records. Of assassinations. That my grandfather's name was on one of them. Said he'd been killed by an agent called the Winter Soldier. The same man who'd been trying to kill Captain America. It was — it was a footnote. My grandfather's death, his life, that whole night, the worst night of my life, that was just worth a footnote in a file.

COYLE: My sympathies, Ms. Finebaum. I have no further questions, Your Honor.

 

·

 

COYLE: Ms. Lucas, can you tell the jury here about the events of December 9th, 1996?

LUCAS: I went out to meet my sister and her husband for dinner. The restaurant was one of those open all night places, so we stayed on really late talking — they were just back from a work trip, I hadn't seen them in over a year.

COYLE: Forgive me. How old were you at the time?

LUCAS: Twenty-six. My sister was seven years older than me.

COYLE: What was your sister's profession?

LUCAS: She was a neurologist. They'd founded their cabinet together. I think they — they would never really talk much about it, Anne always said they had to sign non-disclosure agreements all the time — but some of their clients were really illustrious people. Celebrities, politicians, that kind of thing. Usually when they left the States for work they'd at least tell me which country they were going to go, but this time they couldn't even tell me anything.

COYLE: Thank you. You had dinner with them. What happened after that?

LUCAS: We realized that it was already past two in the morning. Well, we'd gotten there in two different cars, but my apartment was being fumigated, so I was supposed to spend the night at their place. Their car was a new one, they'd just bought it with the money from their work trip, and, ah — well, they were really proud of it. [hesitating] It was late at night. There was no one in the street. It was only a little gamble —

COYLE: That's quite all right. No one will judge you in this courtroom.

LUCAS: We thought we'd have a race. Nothing dangerous, just — which of our cars would get to the intersection first. A straight line. No one would have gotten hurt. No one should have gotten hurt — [voice breaks]

[pause]

COYLE: I'm very sorry to make you relive those painful memories, Ms. Lucas. Please continue whenever you're feeling ready —

LUCAS: Yes. [recovering] Sorry. Yes. Well, their car, it was fast, but it was new, and my — my sister was a bit drunk. Tipsy, really. So I pulled up ahead of them. And I, I was just coming to the crossroads when I saw —

COYLE: Yes?

LUCAS: I saw a man standing there in the middle of the street. It was so dark, I could barely see him. I thought — at the time I didn't think about it clearly, but I thought his left arm was, was shining. Metal. He didn't move. I was coming straight at him, and he just … stayed there. And then he lifted his arm, and I saw the gun. [shakes head] It was too big to be a gun, it was probably a rifle or something, but my brain screamed, Gun! so I hit the brakes. My car veered off — I don't — I don't really remember much after that. I just remember how hot the explosion was, when I saw it in the rearview mirror. Afterwards they told me that it had hit my car too, that it did a cartwheel in the street and skidded into the sidewalk, but I don't remember that. The next thing I knew, I was in the hospital with two of my ribs fractured and a broken nose and my mother in the room, telling me that my — my sister and her husband hadn't made it. [tearfully] I've just kept wondering, if I hadn't slowed down right then, if my car would have been the one that got hit.

COYLE: Ms. Lucas, was the man you saw the Winter Soldier?

LUCAS: I think it must have been. He looked like him, and everything that's come out about the first assassination attempt on the head of SHIELD —

COYLE: Director Fury. Who's now deceased.

LUCAS: Yes — that was exactly the same thing. All the eyewitnesses said the Winter Soldier just stood there in the street and let the car come at him and then blew it up.

COYLE: Thanks very much. No more questions, your Honor.

KRILL: Mr. Jones.

JONES: Thank you, Your Honor. Ms. Lucas, I'm very sorry that you had to endure such a traumatic experience. You've just said that, um ... some things from that evening are somewhat blurry in your memory. Is that correct?

LUCAS: Well —

JONES: It would be perfectly understandable, Ms. Lucas. After all, it must have been a terrible night, and it has been nearly twenty years. No one is expecting you to remember everything in perfect detail.

LUCAS: I suppose so.

JONES: Could you swear that the man you saw that night, the man who killed your sister and her husband — could you swear beyond a shadow of a doubt that that man is the man now sitting in the dock?

LUCAS: I think it was the Winter Soldier, yes.

JONES: Yes. But was it the man sitting the dock, right now?

COYLE: Objection, Your Honor — I hope the defense is not planning on arguing that this man is not the Winter Soldier?

JONES: Your Honor, I assure you that is not what we are planning on doing. Since the accused has turned himself in, I'm sure that would be an absurd line of reasoning.

KRILL: I'll allow it. Please answer the question, Ms. Lucas.

LUCAS: I couldn't swear to it, exactly.

JONES: Why not? What's different about him?

LUCAS: He's not, he's not standing the same way. The man I saw didn't hesitate for a second. He didn't move at all, except for the arm. He didn't even look human, he didn't look real.

JONES: Does the man in the dock look human now?

[scattered laughter]

LUCAS [hesitating]: I guess.

JONES: Thank you.

 

·

 

To: husbandof.theboss@starkindustries.com
From: vYW77PKSdB@stealthmail.com
Subject: the trial

Tony,

I have it on good authority they’re planning to ask you to testify against Barnes at the trial. Steve says he trusts you to do the right thing, but we both know Steve’s an idiot.

I’m sorry about your parents, for what that’s worth. I wish they hadn’t died like this. Look: you could go in right now and tell them that Barnes killed your parents. You have every right to. But I’d consider it a personal favor if you looked at some of these files first.

attached: rm8oxm3.zip, yvrocjx.zip, r926jhh.zip

 

·

 

To: Nat [09:13]
Think he’ll do it?

From: Nat [09:15]
Who knows. How’s Steve?

To: Nat [09:16]
Bad. Barnes not much better. They’re laying it on thick

From: Nat [09:20]
Send me a picture

To: Nat [09:25]
I’m in court.

From: Nat [09:26]
Figure something out :))

 

·

 

COYLE: Mr. Yuan, what is your job?

YUAN: I’m a data analyst for the National Security Agency.

COYLE: What does that mean, exactly?

YUAN: Well, the SHIELD file breech left us in a bit of a bind. Right now, everyone’s busy trying to figure out if anything in there is going to be a threat to national security, and how to best prevent it.

COYLE: Will you tell us how that process works?

YUAN: There are millions of files out there, we can’t scan every one by hand. So what we do is we develop searching algorithms — what kinds of keywords might occur close together, what groups of words match government code words, things like that.

COYLE: I see. Now, I understand that it was you who found this document.

[Exhibit #45.]

YUAN: Yes.

COYLE: How did it come to your attention?

YUAN: To be honest, it was a side project. The agency right now is more focused on what’s going to happen than what’s already happened, but I’d always had a bit of interest in American history. So I’d set up an alert, trying to see if I could find any Hydra influence on certain historical events. A couple days later, this popped up.

COYLE: Will you read to the court the section that triggered your, your search?

YUAN: Asset to 32.78° N, 96.81° W.

COYLE: And for those of us not familiar with those coordinates…

YUAN: Those are the coordinates to Dallas, Texas. That, combined with the fact that the document was dated November 1963, registered a hit.

[murmurs]

COYLE: Mr. Yuan, please tell the court what your reaction was upon seeing this document.

YUAN: None of this is conclusive, of course. But my first thought was, oh my god, the Winter Soldier killed President Kennedy.

[commotion]

KRILL. Order, please!

COYLE: And upon examining the document more closely, did you find anything to contradict your first impression?

YUAN: Not really, no. The Hydra documents have consistently referred to the Winter Soldier as “the Asset” or just “Asset” throughout. The target — noted as a level 9A, which is quite high — was recorded as successfully eliminated. And, interestingly enough, the mission is noted to have suffered one casualty. We are all, I hope, familiar with Jack Ruby’s shooting of Lee Harvey Oswald a few days after the assassination...

[murmurs]

COYLE: So in your opinion, can we conclude —

YUAN: I hesitate to use the word “conclude”, as this is still just a conjecture. But I’d say that there is a high probability that the Winter Soldier was responsible for the death of JFK.

[uproar]

COYLE: No further questions, your Honor.

 

·

 

too good for you @carterings
winter soldier killed jfk what the fuck what. the. fuck.

shot first @flyingsolo
JFK just another one of WS’s countless victims #WSTrial

 

·

 

Reuters Top News @reuters
BREAKING: Winter Soldier may have been involved in killing of JFK reut.rs/1pAlsKi

NBC News @NBCNews
The Winter Soldier and JFK: Hydra’s strategy of destabilization nbcnews.to/XdeAX9

Fox News @FoxNews
After #JFK, Who Was Next? fxn.ws/1a3Q4Wr

 

·

 

COYLE: Mr. Stark. Tell us about how your parents died.

STARK: For the longest time, I thought — I thought they died in a car accident. Turns out that was wrong. Now they’re telling me that somebody killed them.

COYLE: And can you tell us if that somebody is in this room?

STARK: You know, about eight years ago, I was in Afghanistan — long story short, I was captured. Some of you might remember, it was on the news.

[quiet laughter]

STARK: They told me they wanted — they told me to build a missile for them. And — I’ve never told anyone this, this is how you know I’m serious — they put my head in water. Wouldn’t let me get back up.

COYLE: Mr. Stark.

STARK: Very effective method of torture, I’ll tell you. Because it took me less than five minutes to say yes. [He clears his throat.] And there are tapes on the web now. We know what they did to — to Barnes. Hello, by the way, I don’t think we’ve met. [He nods at the defendant.] So my answer is no. My parents’ murderer might be dead, might be sitting in this room — I’m still trying to figure that out — but he is not the man standing trial.

[uproar]

KRILL: Order! Order, please!

STARK: You’re welcome, Capsicle.

 

·

 

too good for you @carterings
did tstark just turn on the prosecution #wstrial

boy from brooklyn @rogerthat
He was tortured in Afghanistan oh my god #TonyStark #hero

shot first @flyingsolo
As usual Tony Stark fucks over his country #WSTrial

 

·

 

From: Bruce-o [15:29]
Watching with Pepper. We’re so proud of you.

 

From: Cap [15:31]
Tony. Thank you.

 

·

 

To: vYW77PKSdB@stealthmail.com
From: husbandof.theboss@starkindustries.com
Subject: Re: the trial

You know, I’m actually kind of offended that you thought I’d need help doing the right thing. I’m a hero, they literally have costumes of me.

P.S. You still owe me one.

 

·

 

JONES: Ladies and gentlemen, the prosecution has been very thorough in detailing the crimes attributed to the Winter Soldier. Very thorough. The evidence I want to show you now might be a little gruesome, too. I hope you'll be able to follow without too much distraction. This photograph was part of a file dating from 1976, which Captain Rogers has been kind enough to deliver to the defense so that we might enter it into evidence. In it was the oldest picture we have found of James Barnes post-1945.

[Exhibit #5. James Barnes sitting on the floor behind the metal bars of a cell, with a beard of about a month's growth. His left arm is missing up to his shoulder and his shirt in rags, showing skin. He is glaring at the camera, jaw set.]

JONES: This photograph is dated June 1946, eighteen months after Sergeant Barnes fell off a train and was recorded missing in action. As you can see, at that time, he hadn't been fitted with a mechanical prothesis. We believe that he hadn't yet been subjected to cryogenic suspension, either. At any rate, we haven't been able to find any records of his being put under ice until 1947. With respect to his arm, we've been able to recover a number of blueprints detailing the progress made over the decades —

[Exhibits #76 through #82. Various schematics of a metal arm in different models.]

JONES: As well as the progression of the physical modifications this evolution wrought on Sergeant Barnes' body. This picture is dated late 1946 —

[Exhibit #55. A close-up of a left arm's stump, only showing up to the collarbone. The skin is badly burnt and flayed. The flesh of the stump is raw and wet.]

JONES: Whereas this one is the most recent one we have, taken with Sergeant Barnes' cooperation by a court-approved specialist only a month ago.

[Exhibit #56. The same shoulder, but part of the stump has been sawed off further. The skin is heavily scarred and punctured with metal hooks.]

JONES: Now, I don't know about you, ladies and gentlemen, but I don't know many men who would willingly subject themselves to that kind of bodily scarring and constant recurring pain. Nor to the kind of imprisonment that these photographs depict —

[Exhibits #23 through #27. Barnes in the same cell, in various positions: sitting against the wall; sleeping with his back turned to the camera; holding onto the bars and looking away.]

JONES: Or to this.

[Exhibit #30. Barnes naked against a brick wall, hosed with a heavy jet of water.]

[pause]

JONES [heavily]: Now, the man operating on Sergeant Barnes in this next picture is well-known to SHIELD. His name is Arnim Zola. He was a scientist for the tech division of Hydra during World War Two, and worked directly under the orders of Johann Schmidt, better known as the Red Skull. We know that Sergeant Barnes’ unit was captured by Hydra in 1943, and was, happily, delivered by Captain Rogers in October of that year. What is less known is that Zola experimented on a number of Allied soldiers in the base raided by Captain Rogers, including Barnes himself. We believe that it is Zola's testing that allowed Barnes to survive that fall into the Alps. And, it appears, he recovered Barnes' body from raiding Hydra soldiers a few weeks after he was offered a deal by the United States Army — that is to say, a deal to be let free in exchange for information on Schmidt — and was able to resume his experiments on him.

[Exhibit #21: A short man with round eyeglasses is operating on Barnes' body, visibly assembling parts of a mechanical limb. Barnes' skin is shiny with sweat, and he appears unconscious.]

JONES: What you must understand is that by the time Zola was pardoned in 1951 and recruited into SHIELD, where he would set about painstakingly rebuilding Hydra, few records remained of his experiments on Sergeant Barnes. It is unclear exactly how far he had come in torturing him. However, we have recovered a few pages from what has been ascertained to be one of Zola's own notebooks, which we can now reveal to you.

[Exhibits #22, #23, #24. Three yellowed pages scribbled over in German.]

JONES: Your Honor, this is the transcript. The prosecution has been kind enough to let their very own specialist supervise its translation. Would you mind reading the fourth paragraph from the bottom?

KRILL: “18/09/46: Finally told #99a76 about Rogers' death this afternoon. After initially violent feedback, #99a76 responded very positively. Didn't thrash when put underwater and didn't react to physical pain in any way whatsoever. Extremely encouraging. Believe compound may be increased to better effect.”

[In the audience, Steve Rogers looks distressed.]

JONES: Thank you very much, Your Honor. From various other notes of Zola's, we have concluded that the compound he mentions is a derived solution of the Erskine Rebirth serum, and was meant to allow Sergeant Barnes to be put under cryogenic suspension while limiting the damage to his internal organs and his brain. This compound is presumed to have been perfected, or at least deemed workable, in 1947.

[Exhibit #29. An enlarged close-up of Barnes' face under ice.]

JONES: As you can see in this picture, Sergeant Barnes was first frozen in 1947, while Zola was rebuilding his contacts and his influence both stateside and across the Atlantic. Zola himself was recruited with a team of German scientists into SHIELD in 1951, as part of what was later termed Project Paperclip. In 1952, SHIELD records show an exchange of goods between one of Zola's direct subordinates and an auxiliary to a now defunct agency based in St. Petersburg — while it appears that this exchange was composed primarily of classified information, it matches with the Kiev file recovered by Captain Rogers, which registers the arrival of a medically-assisted cryogenic chamber. There, Sergeant Barnes underwent years of torture, conditioning, brainwashing, and physical as well as mental abuse. For a time he appears to have been kept in solitary confinement — those records show that he was hardly allowed anything to eat, and was only granted more than one discontinued hour of sleep every day. At irregular intervals he was taken away for monitoring — which appears to have consisted of extremely debilitating physical training and thorough mental indoctrination. Several reports indicate that they tested his various thresholds of pain; he was repeatedly stabbed, shot, lacerated, flayed, cut open, operated on without anesthetic, and wounded in such ways that would doubtlessly have been fatal to an average human being. Most of the bones in his body were broken at some point or other. Some were left to heal without outside assistance. In other cases, he was injected with emulsive variants on Zola's original compound to try and modify his healing capacities and his resistance — his outward resistance, I should say — to pain.

[pause]

JONES: Most of these records do not refer to their subject as a human being in any perceptible manner. The audio files you will listen to in a moment are evidence enough to the fact that the technicians and clinicians who worked within the Winter Soldier program never addressed him to his face as anything other than as a weapon. As you'll see, they used some very precise vocabulary. It appears that from the mid-50s through to the mid-60s, their favorite threat before putting him under in the cryogenic casket was to remind him that lack of cooperation upon waking would lead to immediate termination.

[Barnes sitting with his head bowed, looking down at his hand.]

JONES: Ladies and gentlemen, what will follow are over sixty different slides — pictures, sketches, schedules, documents both handwritten and typewritten, recorded interviews, archived files — detailing only a fraction of the trauma suffered by James Barnes between 1952 and 1970. Most of these are absolutely revolting, and those among the audience who may become distressed at the sight of gore might want to leave the courtroom for the next — maybe an hour or so. Thank you. You may dim the lights.

 

·

 

too good for you @carterings
fuck

commando #8 @ahowling
fuck fuck FUCK

boy from brooklyn @rogerthat
@carterings @ahowling im gonna be sick

commando #8 @ahowling
@carterings @rogerthat HOW COULD THIS HAPPEN WITHOUT ANYONE KNOWING

commando #8 @ahowling
@carterings @rogerthat WHAT ELSE IS HAPPENING THAT WE DON'T KNOW ABOUT

too good for you @carterings
ws's face is. god.

boy from brooklyn @rogerthat
i cant believe this is happening.

boy from brooklyn @rogerthat
is ANYONE going to stop the video? Cap looks like he's gonna break down.

too good for you @carterings
they had him on a fucking drip. they were PUMPING DRUGS INTO HIM. jesus christ.

commando #8 @ahowling
torture tapes so nauseating jury members are actively looking away #wstrial

boy from brooklyn @rogerthat
@ahowling fuckers.

commando #8 @ahowling
@rogerthat no i think they're legit appalled

too good for you @carterings
i'll say it. #acquithim

too good for you @carterings
WS is a victim not a murderer #wstrial #acquithim

 

·

 

ROGERS: Turn it off — Michael, turn it off. Turn it off now.

KRILL: Captain Rogers! Calm down, sir—

JONES: That's all right, Your Honor. Bring up the lights, please. I believe this point has been well made. Ladies and gentlemen, by the late '50s or early '60s the Winter Soldier was a functional agent in the field — strong, precise, ruthless, leaving little more than questions in his trail. SHIELD itself was mystified. Many did not believe in his existence. In that time, the number of deaths registered to the Winter Soldier amounts to twelve, all of whom were single targets across the world. In 1972, however, Arnim Zola received a terminal diagnosis. Presumably anxious to regain control of what he considered one of his greatest successes, he retrieved the Soldier — in Zola's notes he is alluded to only as the Asset or #99a76 — and had him shipped back to the United States under Hydra's direct command. Zola died, apparently, in 1973, but from that point onward the hits assigned to the Winter Soldier became increasingly more dire, and were entirely focused on home. This also meant adjusting the kind of conditioning he was put under. In 1981, the Winter Soldier was ordered to burn down an orphanage full of children. The mission was reported as incomplete. This audio file is a record of the interrogation that directly followed that report.

#1 [female voice, 40s to 50s.]: Your assignment was to burn down the Shelby orphanage, in Denver. To make it look like an accident. You did not complete the mission. You will be sent out to complete it.
#2 [male voice, 20s to 30s, distinctly recognizable as Barnes'.]: Why?
#1: You are the brightest star of your generation. Hydra needs you to do this. Hydra needs you to follow orders. You'll help us better the world.
#2: What did they do?
#1 [sigh]: They're the children of traitors. Their parents were traitors before them. They will grow up a cancer in the body of our world —
#2: It's not —
#3 [male voice, nondescript]: Whoa, is he —
#4 [male voice, nondescript]: Hey, watch ou—
#1: Stand down. [softly] Soldier, you cannot think of them as children. They're not children. They're not human. They are our enemies. Do you understand?
#2: But —
#1: They will destroy us. Do you want that to happen?
#2 [quietly]: No.
#1: Good.

 

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Amand W @AmWyman
Oh no you burned some kids alive :( but you felt conflicted about it :( OH WELL THAT'S ALRIGHT THEN #WStrial

Amand W @AmWyman
Really? #WStrial

shot first @flyingsolo
The defense has no leg to stand on, hence all the emotional manipulation #standstrong #noacquittal

Fox News @FoxNews
How much of the #WSTrial evidence can we really trust? fxn.ws/1oQmXwf

 

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JONES: Please state your full name for the record.

CRONIN: Dr. Benjamin Cronin.

JONES: Have you had the defendant under your medical care?

CRONIN: Yes. Many times.

JONES: And what, if any, was your role in treating him?

CRONIN: I — that is, with a team...

JONES: Go on.

CRONIN: I supervised his medicine intake throughout treatment.

JONES: Now, we’ve previously established that the Sergeant Barnes had been given a form of what is now known as the supersoldier serum. In fact, he can heal extraordinarily quickly. So what treatment did he need, that he had to undergo “many times”?

CRONIN: Electroshock — well, I guess they call it electroconvulsive therapy now.

JONES: And is that what it sounds like? Electric shocks?

CRONIN [hesitantly]: Well. There’s a machine —

JONES: This machine, in fact.

[Exhibit #37. Photo of the chair. Sergeant Barnes flinches.]

CRONIN: Yes. It’s designed to send an electric current through your brain.

JONES: Like this.

[Exhibit #38. Video. Screaming.]

CRONIN: Yes.

JONES: You said that you supervised his medication intake. What kind of medication did you give him?

CRONIN: It was a mixture of benzodiazepines. They were designed to keep the Winter Soldier from reacting violently to the therapy.

JONES: Did he? React violently, otherwise.

CRONIN: Yes. He — he was afraid of the machine.

JONES: I see. [pause] And what purpose did this ... therapy serve?

CRONIN: It, it had an effect on his memory —

JONES: What kind of effect?

CRONIN: It would make him forget.

JONES: We all forget things, doctor. What kind of things did you want him to forget?

CRONIN: Every — everything. His past. His other missions, sometimes. His name ... Everything that we didn’t teach him.

JONES: “We” being Hydra.

CRONIN: Yes.

JONES: So when he had gone through this ... treatment, in your medical opinion, was this man — was Sergeant Barnes capable of complex moral judgments? If told to kill a man, could he judge that the action was wrong?

CRONIN: No.

[murmurs.]

JONES: This is not, ladies and gentlemen, how you treat a man who is a valued member of an agency; this is how you store a weapon. [looks intently at the jury] No more questions.

 

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Wall Street Journal @WSJ
James Barnes: Enemy of the State or a Prisoner of War? on.wsj.com/1yW9PHf

 

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Retweeted by The New York Times
NYT Science @nytimesscience
Effects of benzodiazepines on the human brain nyti.ms/1q97sMX

 

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Peggy Carter: On Shield, Steve Rogers, and the Winter Soldier Trial

by Andrew Vaughn

While the country's attention is focused on a small courthouse in Virginia, here, in this retired home on the outskirts of Washington, D.C., everything is very quiet and calm. The volume is muted on the television that's mounted on the wall. Peggy Carter welcomes me from a cozy armchair by the open french doors, and apologizes for not getting up. "My knees aren't quite what they used to be," she tells me with a dry laugh. Looking at her now, it's difficult to imagine that this frail old lady was once one of the most lethal secret agents in this country, or that she and weapons manufacturer Howard Stark co-founded SHIELD in the aftermath of WWII. Carter retired in 2003 for health reasons, and though rumors went round in the following years, no one has ever quite been able to know what afflicted her, though many speculated it might be cancer, a brain tumor, or Alzheimer's disease.

Today, she seems quite lucid, if tired. Though her voice is a little weak, when she speaks, it's easy to see what brought a number of politicians all across the world, two generations of Starks, and Captain America himself to their knees before her.

I ask her about SHIELD and its destruction. Her reply, though self-possessed, is full of emotion.

"I worked for SHIELD for almost sixty years. I watched and helped it grow. We founded SHIELD with the best of intentions, with the purpose to do right by this country. Today, knowing that a parasite was growing inside of SHIELD all along — that SHIELD itself had become one of the parasites eating at this country's integrity — knowing that our intentions failed to create what they should have created, but instead fomented fear and hatred and torture — it's one of the most painful things I could have imagined living. Somehow, I — who was close to the innermost workings of the agency — was blind to the contagion growing inside it, and Steve, who has only just come back, was able to see what I couldn't. He was able to make the right choice, which I might not have."

She has nothing but kind words for Steve Rogers. "He was then, and still is now, one of the best men I know," she says, her gaze slipping away out the window. "He has always sought to do the right thing, though not necessarily within the rules of the game."

Rogers, of course, is meant to be testifying in court in defense of James Barnes tomorrow. When I ask her about Barnes, Carter's features soften perceptibly. "I feel responsible, you know. Somehow, I think I should have understood earlier. The Winter Soldier was a ghost in our files, too, but I believe I caught glimpses of him from time to time — a serial number that kept cropping up, funds that disappeared into projects that had been dumped. Elusive, of course. Nothing that could be traced down. But Howard knew something; he'd figured some of it out. I only wish I had, too." She falls silent, looking pained. I wonder what she feels most guilty about: Barnes' imprisonment, or Howard Stark's death.

After a few minutes, I ask her what Barnes was like in 1944. Her face clears.

"Do you know, by the end of it all, I believe we were — not quite friends. Allies. We had —" She laughs. "— common interests. We both knew Steve had to be protected at any cost. So Barnes kept an eye on him in the field, made sure he was safe, and I kept a tight lid on things in London, where the higher-ups would have liked being able to control the Commandos's range of action. Captain America was as much of a boon as he was a threat to them, and Barnes was aware of that. He was devoted to Steve, and loyal to a fault. We all were, really."

She tells me that she was originally asked to testify for the defense, only for the prosecution to rule her out on account of her illness. "You don't know what it's like, to forget things," she tells me. "You think you do, but you don't know. Sometimes I look at a stranger who's trying to convince me to drink some water, I look away, and when I look back my grandson was sitting there all along." Her grandson, of course, is Michael Jones, attorney for the defense. This is why, she tells me, she has agreed to this interview, today, for the first time in a decade. "If they shut me out, I can make myself heard. Barnes has been deprived of a voice for the past seventy years. The least we can do is lend him our own. Unfortunately, it might be all that we can do."

She does not appear optimistic as to the outcome of the trial. "It's a farce. A monkey trial. They're using him as a scapegoat: the more sensational it'll get, the easier they'll be able to rally public opinion to their side. It should never have come this far — it should have gone into private hearings, not a public jury. But convicting the Winter Soldier means foisting the blame off on one man instead of convicting those really culpable — not just Alexander Pierce and the members of Hydra under his command, but SHIELD itself; and all of us. America is very good at making itself unaccountable."

"Don't you think the defense can turn public opinion around?" I ask. She looks thoughtful.

"Perhaps. Of course, the defense's main contention relies on a very delicate balance — they have to make sure the jury will make a difference between Bucky Barnes and the Winter Soldier. The question at the core of it is not whether the Winter Soldier committed these crimes, as there is overwhelming evidence to prove this, and Barnes is not denying them. The question is whether Sergeant Barnes did them, with full knowledge of his actions and absolute intent to carry them out. Thankfully, the prosecution will have a sorry job proving beyond a shadow of a doubt that Barnes was actively complicit with Hydra. And that's what it comes down to — if there is even a single person on that jury who can be convinced by the defense, the whole trial might veer in our favor."

READ MORE AT WASHINGTONPOST.COM

 

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short stripes @flightrisk
carter interview v moving, but...

too good for you @carterings
peggy carter forever my hero #wstrial

boy from brooklyn @rogerthat
the question is “not whether the Winter Soldier committed these crimes… but whether Sergeant Barnes did” oh my god

commando #8 @ahowling
@rogerthat she’s so right tho #jbbisnotws

too good for you @carterings
SPREAD THIS LIKE FIRE #JBBisnotWS #jbbtrial